ANITA DEVI SHRIVASTAVA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 2-9-1997 passed by learned V additional Sessions Judge and Special Judge (CBI), Jabalpur in Special Case No. 01/88, convicting the deceased-appellant under section 5 (1) (e) read with Section 5 (2) of the prevention of Corruption Act, 1947 (in short 'the Act') and thereby sentencing him to suffer rigorous imprisonment of two years and fine of Rs. 30,000/- (Rs. Thirty thousand), in default of payment of fine amount, further R. I. of six months, this appeal has been preferred by him under section 374 (2)of the Code of Criminal Procedure, 1973.

(2.) IT would be relevant to mention here that Motilal Shrivastava was prosecuted and convicted under Section 5 (1) (e) read with section 5 (2) of the Act. After conviction, this appeal was preferred by the accused/ appellant. During the pendency of this appeal, accused/appellant died on 10th July, 1998 and the present appellants who are his legal representatives have been brought on record and they have been permitted to prosecute this appeal.

(3.) IN brief the case of prosecution is that deceased-appellant was serving on the post of Senior Clerk (Stores) in the office of divisional Railway Manager, Jabalpur. He joined the services as Ladder Man on 19-5-1961. During the period between 19-5-1961 and 29-12-1986 he was posted under Divisional railway Manager, Jabalpur. It is the further case of prosecution that deceased-appellant for the period between May, 1961 and december, 1986 as a public servant acquired assets movable and immovable in his own name and in the name of his wife and relatives which were found to be disproportionate to the known sources of his income and for which he could not submit satisfactory account. The disproportionate asset was found to be Rs. 2,72,050/ -.